Chapter 19.10
FINAL SUBDIVISION PROCEDURES

Sections:

19.10.010    Purpose.

19.10.020    Review process.

19.10.030    Application contents.

19.10.040    Initial review and determination of completeness.

19.10.050    Administrative review.

19.10.060    Planning director action.

19.10.070    Completion of improvements – Surety.

19.10.080    Final plat – Dedications.

19.10.090    Terms of approval.

19.10.100    Distribution and filing.

19.10.110    Transfer of ownership.

19.10.120    Building, occupancy.

19.10.125    Model homes.

19.10.130    Release of improvement guarantee.

19.10.140    Survey requirements.

19.10.150    Lapse of preliminary approval.

19.10.010 Purpose.

This chapter establishes specific application materials, review processes and requirements and terms of approval for final subdivision plats. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.020 Review process.

A final plat shall be reviewed in accordance with Chapter 19.28 SMC as a Type IV decision. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.030 Application contents.

A. Application. An application for final subdivision approval meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the director, accompanied by the following:

1. Application materials consistent with the requirements of this chapter;

2. A copy of the approved preliminary plat;

3. A final subdivision plat meeting the requirements of Chapter 58.17 RCW, including certifications, dedications and title reports;

4. Agency recommendations pursuant to RCW 58.17.150;

5. Detailed construction plans, profiles and specifications for streets, utilities and other required improvements shall be provided to the director in a manner and form acceptable to the city engineer. Improvement plans shall conform to the Engineering Design and Development Standards (EDDS) and Chapter 19.42 SMC, Public Facility Requirements, and shall be made by or under the supervision of a Washington State registered professional engineer who shall stamp and sign all plans, profiles and specifications.

B. Survey Standards. A recordable survey and surveyor’s signature meeting the requirements of Chapter 58.09 RCW and RCW 58.17.250.

C. Public Services List and Schedule.

1. List of public improvements that will be completed prior to acceptance of the final plat application.

2. List of public improvements proposed to be incomplete at the time of final plat approval and the associated cost to complete the work. The list shall be used to determine the financial security required as part of the final plat review process.

3. The engineer’s certification is required prior to setting the date for consideration by the city council for final plat approval.

4. The engineer’s certification will not be issued until the requirements of this section and SMC 19.10.050 have been met.

D. Surveyor Required. The final plat shall be prepared by a professional land surveyor licensed by the state of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that the plat is a true and correct representation of the land actually surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct.

E. Scale and Format. The final plat shall be drawn with reproducible ink on Mylar complying with standards of the Snohomish County recorder’s office. The final plat shall be accurate, legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size. All signatures or certifications appearing on a final plat shall be in reproducible black ink.

F. Final Plat Contents. A final plat shall contain the information indicated for subdivision final plats in this section and SMC 19.10.050.

G. Filing Fee. An application for a final plat shall be submitted with the applicable filing fee found in the city of Sultan annual fee schedule.

H. Owner Certification and Dedications.

1. A signed certification stating that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners.

2. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society, or to any corporation, public or private, as shown on the plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage or maintenance of said street or other areas so dedicated.

3. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided. An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the city engineer as a condition of approval.

4. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed for use for the purpose intended by the donation or grant.

5. At the discretion of the city engineer, conveyances of right-of-way may be required to be by statutory warranty deed.

6. The acceptance of right-of-way by the city shall not obligate the city to improve or develop the lands in the right-of-way.

I. Covenants and Restrictions. If the developer proposes covenants and restrictions, the plat shall contain a provision stating that the covenants and restrictions are a private agreement between the developer and property owners in the development and that the city is not a party to the covenants and restrictions and cannot be called upon by the owners to enforce provisions thereof.

J. Maintenance of Required Improvements.

1. List of Required Commonly Owned Facilities and Improvements. The face of the plat shall contain a listing of improvements that are a requirement of the plat approval that are to be supported and maintained on an ongoing basis by the homeowners association. Examples of such facilities include trails and pedestrian pathways, commonly owned retaining walls, natural growth protection areas, critical area buffers, stormwater management systems, playground/open space facilities, etc.

2. The plat shall clearly state that such facilities are a condition of the plat approval and that the homeowners association is responsible for ongoing financial support, operation and maintenance of said facilities to the satisfaction of the city.

3. The plat shall further clearly state that, failing appropriate financial support, operation and maintenance of said facilities, the city of Sultan is authorized to cause appropriate and necessary operation and maintenance of said facilities to be conducted by a third-party contractor and that the costs of said contract and administrative fees associated therewith will be charged to the homeowners association and that the city may place liens against any and all properties in the development for the recovery of such costs.

K. Format for Certifications. Forms for the appropriate certifications of officials shall be provided on the face of the plat as follows:

1. Finance Director’s Certificate.

I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the City and that all special assessments on any property herein contained dedicated as streets, alleys or for any other public use have been duly paid, satisfied or discharged, this ______ day of _____________, 20___.

______________________________

Sultan Director of Finance

2. City Engineer’s Certificate.

I hereby certify that this Final Plat is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this ______ day of _____________, 20___.

______________________________

Sultan City Engineer

3. Director’s Certificate.

I hereby certify on this ________ day of ______________, 20___, that this Final Plat is in substantial conformance with the preliminary plat and any conditions attached thereto, which preliminary plat was approved by Resolution Number ______ of the Sultan City Council on the _______ day of ___________, 20____, as supported by the Decision of the Hearing Examiner for the City of Sultan dated the _______ day of ___________, 20____.

______________________________

Sultan Director

4. Mayor’s Certificate Approval.

Examined and approved this _____ day of ____________, 20___, pursuant to City Ordinance Number _____, adopted by the Sultan City Council on the ______ day of ____________, 20___.

______________________________

Mayor

ATTEST:

______________________________

Sultan City Clerk

5. A form for the certificate of the applicable Snohomish County finance division, as follows, or as otherwise required by the County, if different:

FINANCE DIVISION CERTIFICATE

I hereby certify that all property taxes are paid, that there are no delinquent special assessments certified to this office for collection and that all special assessments certified to this office for collection on any of the property herein contained dedicated as streets, alleys or for other public use are paid in full this ___ day of _______, 20___.

______________________________

Manager

______________________________

Deputy

6. A form for the approval of the Snohomish County assessor, as follows:

ASSESSOR’S APPROVAL

Examined and approved this ______ day of _________, 20___.

______________________________

County Assessor

______________________________

Deputy County Assessor

____________________________

Account number

7. A form for the certificate of the Snohomish County recorder, as follows, or as required by the county, if different:

RECORDING CERTIFICATE

Filed for record at the request of the City of Sultan this ______ day of __________, 20___ at _____ minutes past ______ __.M. and recorded in Volume _____ of Plats, page ________ Records of Snohomish County, Washington.

County Recording Number ____________

_________________________________

Manager

______________________________

Superintendent of Records

(Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.040 Initial review and determination of completeness.

A. Initial Review. Upon receipt of an application for final subdivision plat approval as described in SMC 19.10.030, the director shall have 28 days to review the application.

B. Acceptance. The application shall not be accepted for formal filing until issuance of a formal determination of completeness by the director. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.050 Administrative review.

A. Planning Director Review.When an application for subdivision plat final approval has been determined to be complete as provided in SMC 19.10.040, the director shall approve or deny the final plat. The final plat shall be reviewed, approved or denied by the planning director within 90 days of the determination of completeness as provided in SMC 19.10.040.

B. City Engineer Review. The director shall forward the plat and accompanying materials to the city engineer and to other city directors for review. The city engineer shall review the final plat and shall make findings in response to all of the following:

1. Sultan concurrency management issues as provided in Chapter 16.70 SMC for:

a. Transportation.

b. Water.

c. Sewer.

d. Parks.

2. City improvement standards and requirements in effect on the date of preliminary plat approval, including, but not limited to:

a. Stormwater management.

b. Public Works Engineering, Design and Development Standards (EDDS).

c. Water system plan.

d. General sewer plan.

e. City water and sewer engineering standards.

C. Planning Director Review.The director shall make findings in response to all of the following when approving and/or denying the final plat application:

1. The final plat meets all standards established by state law and this code.

2. The city engineer has completed review as provided in subsection (B) of this section.

3. The plat and accompanying materials conform in all respects to the preliminary plat approval and conditions issued by the hearing examiner.

4. All components of utility, public service and transportation facilities required to be completed prior to final plat approval have been completed and approved by the city engineer.

5. All components of utility, public service and transportation facilities allowed to be constructed after final plat approval have been guaranteed by surety acceptable to the city.

6. A maintenance bond acceptable to the city has been provided for all utility, public service and transportation facilities required to be guaranteed.

7. The proposed final plat bears the certificates and statements of approval required by law.

8. A title insurance report furnished by the developer confirming that the title of the land in the proposed subdivision is vested in the name of the owners having a title interest and whose signatures appear on the plat’s certificate.

9. The developer has provided any required surety in a form acceptable to the city attorney in an amount commensurate with improvements required to be completed as described in SMC 19.10.070.

D. Council Transmittal. Prior to the date at which the council will consider the final plat, the director shall forward to the council the original of the final plat, along with the planning agency’s report which discusses the conformity or nonconformity of the final plat with:

1. The terms and conditions of the preliminary plat approval;

2. The requirements of Chapter 58.17 RCW and other applicable state laws in effect at the time of preliminary plat approval; and

3. The requirements of this title in effect at the time of preliminary plat approval. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.060 Planning director action.

A. Approval Authority Vested in the Public Works Planning Director. The planning director shall have sole authority to approve final plats. The planning director shall approve, disapprove, or return to the applicant for modification or correction, a proposed final plat unless the applicant agrees, in writing, to an extension of the time period provided by RCW 58.17.140.

B. Director Decision.

1. If the planning director finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval and the said subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws and this title, which requirements were in effect on the date of preliminary plat approval, it shall direct and authorize the mayor to suitably inscribe and execute its written approval on the face of the final plat.

2. If the planning director finds that the proposed final subdivision plat does not meet the conditions of the hearing examiner’s decision and conditions of the preliminary plat and/or does not meet the standards of the applicable state statutes, or local ordinances or development standards, the director shall not approve the final plat.

3. Action to not approve a final subdivision plat as provided in subsection (B)(2) of this section shall be accompanied by findings indicating the standards not met and general direction regarding how those standards can be met if the developer intends to proceed with submittal of a revised final subdivision plat application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.070 Completion of improvements – Surety.

As provided in RCW 58.17.130, required improvements not completed prior to planning director’s approval of the final plat shall be secured to the city by a surety in an amount acceptable to the city subject to the following provisions:

A. Completion of Basic Infrastructure Required. Surety shall not be allowed to stand in for completion of basic infrastructure necessary to make the development safe for construction of residences, operation of public utilities and delivery of emergency services. Infrastructure systems that must be complete prior to application for final plat are:

1. Water mains;

2. Sewer mains;

3. Street section except for the final asphalt lift;

4. Curb and gutter;

5. Sidewalk;

6. Native growth protection structures.

B. Infrastructure Available for Surety. The following may be proposed for deferred construction under surety according to this section at the time of application for final plat approval:

1. The final lift of asphalt;

2. Internal park and recreation amenities;

3. Pedestrian connections;

4. Similar features not required for essential operation of the development and delivery of emergency services.

C. Street Trees. For street tree installation as specified in Chapter 19.42 SMC, the developer agreement with accompanying surety shall include that the developer will install all remaining street trees following the sale of 50 percent of the lots or three years from the date of final plat approval, whichever comes first. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.080 Final plat – Dedications.

No plat shall be approved unless adequate provision is made in the subdivision for the dedication or reservation of drainage ways, streets, alleys, easements, parks, playgrounds, sites for schools, school grounds and other general purposes as may be required by this title, the Sultan Municipal Code, or the SEPA process. If any dedications are required, they shall be specifically identified on the plat document at the time of approval. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.090 Terms of approval.

A subdivision shall be governed by the terms of approval of the final plat and the zoning ordinance and regulations in effect on the date of preliminary plat approval for a period of five years, or seven years if applicable under SMC 19.02.070, after final plat approval unless the planning director finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.100 Distribution and filing.

The director shall distribute the original and copies of the approved final plat as follows:

A. The original shall be forwarded to the appropriate county office for recording. The plat must be recorded within 21 days or the plat shall become null and void. A recorded Mylar or digital copy of the recorded documents shall be returned to the city and kept with the city’s records;

B. Two paper copies shall be transmitted to the county assessor;

C. One reproducible copy shall be retained in the files of the director;

D. One reproducible copy shall be provided to the applicant. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.110 Transfer of ownership.

See SMC 19.02.100. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.120 Building, occupancy.

A. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision prior to a determination by the fire marshal that adequate fire protection for construction needs exists.

B. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until:

1. The minimum required improvements which will serve the subject lot or parcel have been constructed in accordance with SMC 19.10.070(A); and

2. All remaining improvements have been financially guaranteed under the requirements of SMC 19.10.070(B) and/or (C).

C. Plat Conditions. Where a plat is approved subject to conditions, no building permit shall be issued for property subject to the subdivision prior to the conditions either being fulfilled or guarantees provided to ensure the conditions are met as required in SMC 19.10.070. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.125 Model homes.

A. A limited number of model homes are allowed to be constructed in an approved preliminary subdivision prior to final subdivision approval and recording in accordance with subsection (B) of this section. These sections shall not be construed to supersede or amend the purpose and intent of the SMC regarding the requirements for subdivision approval.

B. Number of Model Home Permits Authorized. Building permit applications for model homes may be accepted for a maximum of nine lots.

C. Eligibility for a Model Home Permit. Any applicant who has received preliminary subdivision approval may apply for a building permit or building permits for model homes, up to the number authorized under subsection (B) of this section. Prior to the issuance of model home permit(s), the applicant must demonstrate that the following criteria are met:

1. The applicant for the model home building permit, if different than the owner and applicant for the approved preliminary subdivision, shall provide a document signed by the owner demonstrating that the applicant has real or possessory interest in the property on which the model home will be constructed;

2. The applicant has submitted and received approval of construction plans for the model home to be built;

3. Retention/detention facilities that serve the model home lots shall be in place or approved for recording;

4. Any road improvement required as a condition of preliminary subdivision approval which is designed to provide access to the model home lots from an existing public road or public highway shall be constructed to final alignment and subgrade from such public street to the model lots (but not including the required curb, gutter, sidewalk or paving). The access road shall meet the requirements of EDDS. The driveway(s) for the model home(s) shall be approved in accordance with the EDDS. Lot corners and driveway locations for the model home lots shall be staked by a registered professional land surveyor;

5. All mitigation fees required as a condition of preliminary subdivision approval, which are required to be fulfilled prior to building permit issuance, shall have been paid for the model home lot(s) prior to the issuance of a building permit for the model home;

6. The application for the model home must be submitted at least 60 days prior to the date of preliminary subdivision expiration; and

7. Fire protection must be available to any lot proposed for construction of a model home.

C. Model Home Application Requirements. Each residential building permit application for a model home shall include the following additional submittals:

1. Title certificate demonstrating ownership interest in the property on which the model home will be constructed;

2. Building plot plan(s) showing the location(s) of the proposed model home(s); distances from the proposed final subdivision lot lines; all existing, required or proposed easements; and the separations required therein;

3. One dark line print of the proposed final subdivision;

4. A statement signed by the applicant in which the applicant agrees to indemnify and hold harmless the city, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the construction or occupancy of the model home(s) prior to recording of the final subdivision; and

5. In addition to the residential building permit fees for plan check, site review, and access permit, a model home fee for each model home and subdivision base fee shall be required.

D. Model Homes – Occupancy. The applicant may request final inspection and occupancy for only one model home prior to final subdivision approval and recording. Additional model homes constructed in the same preliminary subdivision in compliance with this title shall be used for display and marketing purposes only and shall not be occupied prior to final subdivision approval and recording. Occupancy as a model house/sales office prior to final plat recording is subject to meeting the life/safety requirements of the SMC.

E. Model Homes – As-Built Submittal. Prior to final subdivision approval, the applicant shall submit two copies of a plot plan delineating the as-built location of the model home on the lot. The corners of the lot shall be set by a registered professional land surveyor prior to commencement of construction. The plot plan shall be included in both the building permit record and the subdivision file record. (Ord. 1284-17 § 2 (Exh. B))

19.10.130 Release of improvement guarantee.

A. If a financial security for improvements has been submitted under SMC 19.10.070(B) or (C), such guarantee shall only be released upon all of the following:

1. Acceptance by the city of a properly executed bill of sale for such improvements;

2. Submittal of adequate record drawings for which the guarantee was submitted;

3. Acceptance of such improvements by the city engineer based on a determination that the improvements meet the standards required by the plat approval and any applicable city development standard documents.

B. To ensure the adequate operation of required infrastructure improvements, a maintenance bond equivalent to 20 percent of the value of the required improvements shall be provided by the developer to the benefit of the city as a maintenance guarantee for a minimum period of two years from the date the city engineer certifies the completion of the plat improvements have been satisfied. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.140 Survey requirements.

A. A licensed professional land surveyor shall complete all lot staking prior to the recording of the final subdivision.

B. All lot corners, including interior lot corners, shall be marked with a permanent marker that bears the land surveyor’s registration number. When the boundary lines follow a meandering line, the corners shall be set as directed by the city engineer.

C. When the legal description of the final subdivision utilizes partial or complete section subdivisional breakdown to establish the boundaries, section subdivision survey information shall be shown in accordance with the requirements of WAC 332-130-030.

D. All reference monuments used in the establishment of the final subdivision corners shall be identified, described and noted as set or found. When appropriate, the survey shall reference previous surveys that served as the basis for the survey.

E. When the final subdivision is adjacent to a constructed public right-of-way and the plat corners or its offset represent a quarter corner, section corner or donation land claim that is not of record or has been lost (or obliterated), a standard monument shall be placed.

F. Whenever a final subdivision is adjacent to existing right-of-way, the centerline of the right-of-way shall be located on the plat drawing. If the constructed improvements fall outside of the documented right-of-way, the surveyor shall identify the existing edge of the pavement and limits of the maintained right-of-way section on the drawing and show its relationship to said centerline.

G. All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed that reads:

THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND WAC 332-130.

H. The side lot lines of each lot, which if extended would intersect with the curb, shall be marked on the curb. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.10.150 Lapse of preliminary approval.

Preliminary approval of a subdivision plat shall lapse and become void in the case of any of the following:

A. The applicant fails to submit an application for a final subdivision plat approval as provided by SMC 19.02.070.

B. The applicant fails to submit a revised final plat within 180 days in response to a staff determination that the final subdivision plat application submittal does not meet the requirements for a determination of completeness as provided in SMC 19.10.030, or in response to a staff determination that the application does not meet requirements for a recommendation of approval to the planning director as provided in SMC 19.10.050.

C. The applicant fails to submit a revised final plat within 180 days in response to a planning director determination that the final subdivision plat application submittal does not meet the requirements for planning director approval as provided in SMC 19.10.060. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))